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High Court for State of TelanganaWP/32679/2015disposed of no costs

Jonnalagadda Subbarayudu, v. The State Of A. P., Repd. By Its Principal Secretary,

2015-10-07P Naveen Rao5 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND FIFTEEN

Present

Between:

Jonnalagadda Subbarayudu, S/o. Chennaiah, Hindu, Aged about 56 years, Residing at D.No.7/1226, Korrapadu Road, Proddatur, Y.S.R. Kadapa District & 3 others .. Petitioners AND The State of A.P., Rep. by its Principal Secretary, Municipal Administration & Urban Development, Secretariat Buildings, Hyderabad & 4 others .. Respondents

The Court made the following:

ORDER:

Heard learned counsel for the parties.

2. The petitioners' land is said to be affected in the proposed widening of existing Proddutur Municipality Korrapadu road to 100 feet and the petitioners were given a notice, dated 2.4.2015, giving them two options and requiring them to avail any one of the options. The petitioners gave their reply, dated 16.04.2015, informing the Commissioner, Proddutur Municipality, Proddatur, Kadapa District (2nd respondent) that they were not accepting either of the two options as proposed in the notice and opposed the acquisition of their land as it would affect their ingress and egress. The present writ petition is thereafter filed questioning the action of the respondents in seeking to acquire the petitioners' land notwithstanding the fact that they refused to avail both the options.

3. Learned Standing Counsel for the 2nd respondent, who has already taken notice submits that the acquisition of petitioners' land is essential for public purpose and that the 2nd respondent would follow the provisions of the Central Act 30/2013, if the petitioners are not agreeable to any of the two options already proposed in the impugned notice.

4. In view of that, the Writ Petition is disposed of, directing respondents 2 to 4 to follow due process of law, if the petitioners' land is required to be acquired for public purpose and accordingly pay appropriate compensation to the petitioners. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________ P.NAVEEN RAO, J Date: 7th October, 2015 KL

Date: 7th October, 2015 KL